DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172455P.pdf 07/20/2018 United States v. Michael Carr
U.S. Court of Appeals Case No: 17-2455
and No: 17-2548
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Smith, Author, with Melloy and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court's
conclusion that defendant Homedew voluntarily consented to a search of his
backpack was not clearly erroneous; Homedew's claim that he was denied
effective assistance of counsel by his attorney's agreement to a
continuance requested by a co-defendant was premature and would not be
considered on direct appeal; defendant Carr's argument that his sentence
created an unwarranted disparity compared to the sentences handed down to
two co-defendants in the matter was properly rejected by the district
court on the ground that the Carr and the other defendants were not
similarly situated in their role in the offense or in their acceptance of
responsibility.